ILLINOIS POLLUTION CONTROL BOARD

March

26,

1975

NABISCO,

INC.

Petitioner,

v.

)

PCB 75-17

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Dr.

Odell)

On January 14,

1975, Nabisco,

Inc.,

filed

a Petition For

Variance

with the Illinois Pollution Control Board

(Board)

Petitioner sought

a one year variance from May 30,

1975,

from

the emission standards under Rule 203(g) (1) (B)

of the Air Pal-

lution Regulations in order to operate

its No.

3 boiler during

the winter of 1975-76 should its use be necessary.

While

Petitioner believed the boiler’s operation would be unnecessary,

Nabisco was unable

‘to forecast with

absolute certainty that

No.

3 will not be needed for limited use.”

The Illinois Environmental Protection Agency

(Agency) filed

its Recommendation on March

5,

1975,

and recommended that the

variance be denied,

or in the alternative, the Petition be dis-

missed, because it is not ripe for Board action in the light of

the speculative nature of the boiler’s use.

We agree with that Agency’s alternative recommendation.

While we realize that Petitioner

is attempting to avoid the

pitfall of “unexcused delay” in filing its Petition, we believe

that the problem is presently too hypothetical and remote for

Board decision.

Should Petitioner’s need to operate boiler

No.

3 become more definite in the winter months of 1975-76, a

petition can be filed at that time.

Petition For Variance is

dismissed without prejudice, because it is not ripe for Board

action.

IT

IS SO ORDERED.

I,

Christan L. Moffett, Clerk of the Illinois Pollution Control

Board~hereby certify that the above Opinion and

Order

was

ad-

opted on the~~~dayof

_____________,

1975,

by a vote

of

to~_.

Christan~t~.Moffett